I live in Missouri and I am the renter/caretaker of a home

Customer Question

I live in Missouri and I am the renter/caretaker of a home that was tied up in probate which has been settled now. My question is I have lived here for 3 1/2 years and the new owner says the agreement I had with the owner that passed away is void. I need to know what my legal rights are

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Has the house actually been transferred out of the estate to a new owner or is it still in the deceased's name?

I am not sure if it's been transferred. It was settled 2 weeks ago The deceased was the son and his mother passed and then the rest of the family protested the will and it went into probate. No he hasn't given me notice to move. He said the contract I have was void when that person passed in April of this year. I just need to know where I stand cuz he is coming out here today.

The original death was ethel sims the it went to her son edgar he passed in april of this year and the new owner is the grandson of ethel sims He is the one that threw it in to probate. Yes I have it in writing and I pay $100 a month and any repairs.

Thank you for that information. Unfortunately, if there is no set duration of the contract, then legally it is considered a month to month tenancy and either party can terminate it with a one month notice. So that means that the grandson could give you a notice as soon as the property is legally deeded over to his name as he would then be your landlord.

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You would then have a month to move out or he could then file an eviction action in court to get a judgement and a writ that the sheriff would execute to force you to move. This takes about another 3-4 weeks after the notice expires.

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So if the grandson wants to terminate and evict, it will take him around 2 months to do so.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

You are very welcome. Happy to help any time, even if the news wasn't great...

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